Big victory for Crystal Cox in 9th circuit court http://pornnewstoday.com
Monica Foster commentary: As of January 17, 2014Reuters.com reported that a Federal Appeals court ruled Investigative Blogger and Journalist Crystal Cox and the multitude of other bloggers throughout the United States are entitled to the same free speech protections as a traditional journalist and cannot be liable for defamation (unless found to have acted negligently).
This court ruling is particularly important due to us living in an era of of which independent bloggers are responsible for a vast amount of the online news and information produced.
Crystal Cox has chosen to grant PornNewsToday.com an exclusive interview in regards to her Ninth Circuit court victory:
What Does this Ninth Circuit VICTORY Mean to You?
First of all I want to say congratulations to ALL those out there using the internet to expose corruption, give voice to victims, report the “real news” By the People for the People, and using the internet to heal others and share information on natural cures. Now you have Equal Rights in a Court of Law for what you do. KEEP on Doing It. The power of New Media is our Divine Gift, our Constitutional Right, and our Savior as a Society.
This Ninth Circuit WIN is for ALL Citizen Journalists, Investigative Bloggers, AntiCorruption Bloggers and Whistleblowers.
Those reporting on corruption in our courts do not have a voice other than blogs. It is imperative in our times that Citizen Journalists, Investigative Bloggers, AntiCorruption Bloggers and Whistleblowers have equal rights to those in traditional media. Otherwise corruption and greed that violates human rights, will continue to be rampant, and the lives of the victims of corruption will continue to suffer in every way.
This WIN levels the playing field and those reporting on corruption in their town, their expertise, their personal research now have equal rights to protection under the law. This means that Traditional Journalists and Big Media can no longer have a Super Power to distort the news, post fake facts simply to support ad dollars, politicians and corporations, as a matter of law.
Oftentimes when bloggers expose corruption, those bloggers are stripped of their rights within the very judicial system they are reporting corruption on. This WIN ends this, at least, in theory, and in a higher court judicial ruling. The public at large will decide what they want to believe and from whom. However, now bloggers reporting on the story ALL have an equal say, as a matter of LAW and Constitutional Rights.
I am elated at the breathing room this gives ALL those out there Exposing Corruption in our Judicial System who are being silenced daily by corrupt judges, lawyers and the judicial process as a whole. This WIN gives them a Voice, gives them POWER. And for me personally, that is the true WIN, that is the Victory, that I dedicated so much of my life for.
That “one” small voice not being heard, exposing documents and proof of corruption, now, has equal rights to the biggest institutional media out there, and this is a HUGE human rights and civil rights victory, in my opinion. This Win ENDS the Monopoly of Free Speech Big Media has unconstitutionally held for so long, as a matter of LAW.
This WIN is very exciting and relieving to me, personally, as I have held onto to this appeal in the face of extreme adversary. I have been threatened to stop the appeal. I have been harassed, gang stalked, stripped of all money and business opportunity I have had my appeal rights attempted to be auctioned off by a Portland Oregon Sheriff via the shenanigans of my former attorney Marc Randazza and the Plaintiff’s Attorneys David Aman and Steven Wilker. I have lost everything I knew to be my life before all of this in every way, and have been put under constant attack and duress for several years. I may not have survived, had it not been for the constant friendship, support and hope of Pastor John Collins of the Bringing Back God Church in Bristol TN.
As my attorney Eugene Volokh said, cases like this “usually end up settled without trial, and it was rare for one to reach the federal appeals court level.” I was offered 15 settlements and I held on to this precedent for the highest and best of ALL. And now I have given all I have known to be my life to do it, which I am proud of.
Having this Ninth Circuit Appeal WIN for all Citizen Journalists, Whistleblowers and AntiCorruption
bloggers, for me, makes it all worth it. Having this legal precedent for all those out there trying to have a voice and expose corruption, is a huge relief for me.
I am Grateful. Now Bloggers, Citizen Journalists, and Whistleblowers have the same Speech Protections As Traditional Press, Traditional Journalists, as a matter of LAW.
This court ruling is the first of it’s kind. It is the first federal appeals court level ruling that applies
specifically to bloggers and it is a VICTORY for ALL online speakers. This WIN finally makes it legally clear that bloggers have the same First Amendment rights as professional journalists.This is powerfully important and long overdue. Now news, as we knew it, traditional mainstream news, no longer has any special privilege, as it should be.
Many bloggers reporting on corruption and on issues of natural health cures, AntiCorruption Bloggers, Citizen Journalists and Whistleblowers, are in fear of their life, or being sued and having no way to survive and take care of their family, being jailed or even killed. This is very real, and this WIN will empower them to step out into the light and to keep exposing corruption and talking about known cures. This WIN is a Landslide Victory for Human Rights, for Civil Rights. So Speak Up Folks, Tell your Story, Tell the TRUTH and keep on fighting corruption judges, attorneys, county commissioners, senators and more.
This WIN is POWERFUL for all those out there reporting on the real news, as its happening on the ground, in real life and not “news entertainment” we are fed by the corporate machine.
Now those reporting what is really happening, bloggers, have equal rights as traditional journalists and long established “institutional media”, in a court of law and this LEVELS the playing field of the TRUTH.
Do you feel a sense of relief with the $2.5 Million Judgment (at least temporarily) Off Your Back?
Folks, the money is of no value to me personally, as I have lost everything and continue to be a pauper, as a way of life now. It is no real relief to me as in this moment of time I live in church housing and eat from church donations, thank God for Pastor John Collins and the Bringing Back God Church.
Since the original verdict, I have been sued by my original attorney Marc Randazza for millions in his attempt to CENSOR me. And well, I am not so naive as to think I won’t get another corrupt judgement with my New Trial in Portland with as much corruption as there is in Portland.
However, I do not intend to stop exposing corruption, New Judgement or Not.
I had 15 offers out of the $2.5 Million Judgement, settlement offers. I made one to them in the first week, and it included an email they have now used in part to defame me and paint me out as a criminal. I could have got out of this long ago. This is a sacred, divine and spiritual mission for me. It is a calling, fate if you will. I held out for this appeal ruling to give a voice to ALL who Expose Corruption and ALL who give advice on, educate on and have cured themselves with natural cures and alternative medicine. I deliberately, to the best of my ability, forced the lower court to rule on my rights as a blogger regarding the First Amendment, Retraction Laws, Shield
Laws, and AntiSlapp laws, in order to help all those I was fighting to give a voice to; those who expose corruption with the power of blogs; New Media and get shut down by local judges protecting local corruption.
I lost my home, most all of my belongings, vehicles, money, businesses, family ties, friends and currently have no income and live in church housing. If it were not for Pastor John Collins of the Bringing Back God Church in Bristol TN I would be in a homeless shelter or who know what, so no, I am not feeling much “relief” over the judgement temporarily going away, however I am VERY grateful and blessed.
Do you intend on representing yourself or will you get an attorney for your New Trial?
I have no money, no income and very little resources for even printing and mailing documents at this point in time. However, I fully intend to represent myself in the New Trial and all motions leading up to the day of the trial.
What are your Plans Moving Forward
I will continue to do the best I can at using the power of new media to expose what I feel is illegal and unethical activity in the Summit Bankruptcy as well as the many other cases I report on, as I have done for over a decade now. Including the biggest technology theft case in the world regarding theiViewit Technology and inventor Eliot Bernstein.
I have reported on the iViewit case for over 4 years now and I will continue to report on iViewit and keep all elements of corruption in the iViewit Technology case front and center online, in new media until they get JUSTICE.
Also I am soon starting a Spiritual Church in Port Townsend Washington called Bringing Back Goddess, and hope to create a way to help even more people spiritually, emotionally, physically and empower as many people as possible in every way possible.
What are your plans in regards to the New Trial?
There are many elements to this depending on what move the Plaintiff makes next and how busy the Oregon courts are to set a trial date. However, I fully intend to do my best at proving that I did not nor do have actual malice. As I still Fully believe Obsidian Finance Group and Trustee / Attorney Kevin D. Padrick violated bankruptcy code and breach of contract laws in their dealing with the Summit Bankruptcy and the Summit Principals.
Also I was not the one to allege tax issues, so I intend to depose the insiders, such as David Aman, Robert Opera and other attorneys involved to prove that they were the ones who alleged tax issues. This on top of the documents of emails and other internal documents showing that the tax issue was raised by others and reported on by Stephanie DeYoung, bankruptcy whistleblower and I picked up her story.
I intend to depose the Department of Justice trustee, Pamela Griffith to question her past connections and conflicts of interest with Kevin Padrick and with Leon Simpson of the Tonkon Torp law firm that I believe led to Kevin Padrick getting this VERY lucrative paying trustee job, that, in fact, attorneys inside the bankruptcy, as the records show, clearly pointed out that appointing a trustee was NOT in the best interest of the investors and
creditors involved in the bankruptcy.
Steven Hedberg of Perkins Coie law firm who used to work under Kevin Padrick at Miller Nash law firm, is believed that have helped Kevin Padrick to get the job that turned on his own clients and made him a whole lot of money, and I intend to depose him.
Judge Michael Simon is a friend of Judge Marco Hernandez, whom neither were federal judges in Portland until after Obsidian Finance Group filed their lawsuit against investigative blogger Crystal Cox. Judge Michael Simon is a Portland power player, along with his wife Senator Suzanne Bonamici.
Michael Simon was a Perkins Coie attorney during the Summit Bankruptcy and made a massive amount of money liquiding Summits assets. Michael Simon also worked closely with Kevin Padrick regarding the $30 Million Dollar Umpqua Bank settlements, which was in media nationally at the time as well as SEC and banking reports. BOTH Michael Simon and Kevin Padrick made millions on that as far as I understand. Meanwhile the real estate consumers were stuck in limbo and in investments that they could not get out of or sell because Kevin Padrick FROZE Everything until he got a commission on it,including small accounts of children of investors.
Keep in mind, AGAIN, that Summit HIRED Obsidian Finance Group to “HELP THEM” to restructure debt, and instead of this, Kevin Padrick and Obsidian Finance Group took the $100,000 fee for this, used their clients sacred, lawfully protected inside information, files, software, secrets and all that they had gained about their “Clients” the Summit Principals, and used this against their own clients in what I believe is a Massive breach of contract and violation of their clients rights. And I also believe this made Kevin Padrick an insider, by law, by bankruptcy code and that it was never legal for Kevin Padrick to be the Trustee in the Summit Bankruptcy, thereby nullifying every action he made as TRUSTEE of the Summit Bankruptcy.
Also keep in mind that as trustee Kevin Padrick got 15% of everything he brought into the estate, so WOW 15% of 30 Million and that was ONLY on the Umpqua bank settlement, there were over 30 million, I believe of other assets liquidated, as well as massive amounts of 1031 exchanges held up, and all those real estate liquidations STALLED until Kevin Padrick’s commission was in place.
When a 1031 Exchange is held up this is directly connected to IRS Code Law, hence the allegations of issues with taxes.
There were also insurance companies sued by Kevin Padrick and any insider who tried to speak out, he sued, got criminal complaints against or bullied them into submission, into silence.
Kevin Padrick did “control” the mainstream media surrounding the Summit Bankruptcy, and he had his version of what Summit did, so strong in media that this was used against his former clients in their indictments and prison terms. All because they hired Kevin Padrick and Obsidian Finance Group to “HELP THEM” restructure debt.
One of my insiders, and a whistle blower to the unethical and what I believe to be illegal activities surrounding the Summit Bankruptcy was falsely incarcerated in a mental hospital to keep her from talking to me or reporting on the bankruptcy. She was heavily drugged and mistreated and I believe was never meant to come out of the Sageview, Cascade Health Center in Bend Oregon of which Obsidian Finance Group Patricia Whittington was on the board.
Kevin Padrick and David Aman, Tonkon Torp lawyer seemed to have massively violated HIPAA laws and certainly human rights laws, in my “Opinion”.
Stephanie DeYoung stood up for the investors and creditors of the Summit Bankruptcy, and yes stood up for her father Summit Principal Mark Neuman, maybe a bit too much, however, she reported on the inside story in great detail, including videos of meetings that Obsidian Finance Group and Kevin Padrick had with the Summit Principals before he turned on them and got the appointment of bankruptcy trustee due to connection with the DOJ trustee and the attorney for the Creditors Committee Steven Hedberg of Perkins Coie law firm.
For this speaking out and posting documents and videos of FACT, Kevin Padrick ruined her life. He attempted to get criminal complaints against her for videoing a public meeting. He, I believe, was part of her being false hospitalization against her will. He bullied insiders, sued them and was a powerful tyrant in the Summit Bankruptcy. What Kevin Padrick wanted he got. Except he could not find a way to SHUT UP the blogger who was reporting on Stephanie’s story. And so after 3 years of my reporting on the Summit story, he finally sued me in order to bully me to SILENCE, and I never buckled to his bullying and evil.
All this has changed Stephanie’s life forever, and is a HUGE reason I never called her to the stand in my first trial. She is strong enough now and I fully intend to call Stephanie DeYoung as a witness as well, in my New Trial.
Kevin Padrick has a “history” of those inside bankruptcy cases filing objections to his fees, Summit was not the only one, there was also the Homestreet Bank’s legal filings. There is a lot more to Kevin Padrick’s dirty dealings and high finance conflicts of interest that the Public has yet to digest. I intend to keep getting this information in the search engines in easy to digest chunks, until he is investigated by the authorities. I have never stopped reporting on Obsidian Finance Group and Kevin Padrick and giving voice to their victims, and I don’t intend to STOP now. And if something should happen to me, well my blogs live on, as well does the TRUTH surrounding the Summit Bankruptcy and the dirty dealings of Obsidian Finance Group and Kevin Padrick.
I also intend to file attorney general complaints and department of justice complaints regarding what I feel is illegal and unconstitutional actions in the Summit Bankruptcy by Obsidian Finance Group and by Trustee / Attorney Kevin D. Padrick, as well as his attorney David Aman and the Tonkon Torp Law Firm and many others involved.
I intend to rewrite information regarding Obsidian Finance Group and Kevin Padrick, as well as the Tonkon Torp law firm, in a way the public can understand all they have been involved in over this and within the Oregon utility, solar credits, timber and other industries.
As well as the fact that David Brown of Obsidian is a registered lobbyist and all the details of this as well. So, I do not intend to back down at EXPOSING Obsidian Finance Group or Principals David Brown and Kevin Padrick as well as VP Patricia Whittington, to the best of my ability. And I do intend to depose, and call as witnesses, as many players of the Summit bankruptcy at my new trial as I can.
What are your comments in regards to the jury saying that the post was false?
I do not believe that the jury had enough evidence to determine if the post was FULLY false. There is NO WAY that the post in it’s entirety is false, and if every word is false then it is NOT my words, this information is documented from sources inside the bankruptcy, including the Department of Justice.
The Jury did not understand the Summit Bankruptcy and the 500 pages I brought to show the jury the SOURCE of that ONE blog post, Judge Marco Hernandez threw out, he called it hearsay.
All the Jury had to go on was the opinion of one Portland CPA, a paid witness for the Plaintiff. A CPA who did not know the inner workings of the Summit Bankruptcy. I did not even testify on my own behalf at the trial because David Aman and Judge Hernandez deceived me, they led me to believe that my emails about a settlement, the ones now called “extortion” would hurt my case and that if I testify on my own behalf, these emails will come in, if I don’t testify, the emails will not come into evidence. Then in the closing statement David Aman introduced the emails and turned the civil trial into criminal accusations.
Do you have a Statement regarding what the Plaintiff’s Attorney said to the AP press?
“An attorney for Padrick said in an email that while they were disappointed in the ruling, they noted the court found “there was no dispute that the statements were false and defamatory.” “Ms. Cox’s false and defamatory statements have caused substantial damage to our clients, and we are evaluating our options with respect to the court’s decision,” wrote Steven M. Wilker.
I, Crystal Cox, DO dispute that the statements were fully false and defamatory. This could not be a point of appeal because it was not preserved in the lower court due to David Aman, Tonkon Torp lawyer and Judge Hernandez deceiving me in my trial, as I was Pro Se and had never been sued before, little own represent myself in a trial of this magnitude.
That does not change, that I certainly DO dispute that the statements were “false and defamatory”.
Also, as to their alleged drop in business, if this were true, it would be a good thing. For the point of exposing them is, at least in part, is to warn future clients that may have the same thing happen to them as did the Summit Principals.
However, I highly doubt they lost money, that same year they made massive money on contracts with Portland General Electric and Pacific Power, as well as many other massive multimillion dollar deals. Kevin Padrick was appointed to the board of First Federal in a Joseph Stilwell takeover attempt. They have their hands in billions and have not suffered financially due to me telling the truth about their dirty dealings, only ego blows to their corporate power trip.
Was Marc Randazza Your Original Attorney?
Just after my original trial, on December 6th 2011, Eugene Volokh, UCLA Law Professor and Constitutional Rights lawyer called me and asked if I was open to him representing me upon appeal to the Ninth Circuit, I said I was open to this and we agreed that I would keep my options open as he was not sure about clearance from Mayer Brown, the law firm he would partner with or work under in this case, and he had to get local Oregon counsel as well.
In the meantime, an investigative blogger, Michael Spreadbury, whom had wrote on my blogs for years and is an anticorruption blogger, citizen journalist and whistleblower, regarding massive corruption in the State of Montana, had contacted Marc Randazza in order to help me with my appeal as he saw that Marc Randazza was a high profile First Amendment attorney and thought this would be a good fit. He contacted Marc Randazza, and we ended up on a conference call on December 10th 2011. Note, I bought MarcRandazza.com that very day to do PR on my own case.
At this time Marc Randazza discussed my strategy, my intentions and left the conversation with him asking for all my files and documents so that he could assess if I had preserved the proper elements for an appeal, and rightfully so. And he also said he may have a conflict of interest with the Media Bloggers Association of whom he represented and so he would get back to me on whether he had further interest in taking my case or representing me. However, he said that if he did take the case he would need at least around $5000 for filings, motels and expenses, if he took the case Pro Bono.
Also on this first call, Marc Randazza told me he did not think I should appeal, as this may harm me and others seeking First Amendment protection.
A couple of weeks later, Eugene Volokh contacted me and told me that if there was anything he could do to help my attorney Marc Randazza, to let him know. I said, I did not have a contract with Marc Randazza and had not told Marc Randazza he was my attorney. I asked Eugene how he heard that and apparently Marc Randazza told members of the First Amendment Bar that he was, in fact, representing me.
Eugene told me that Marc had put time and energy into the matter and was negotiating a deal with the Plaintiff and that it was fine if I chose Marc, as his interest was for the best outcome for all and he would help as much as possible. Eugene had only good things to say about Marc Randazza, as is Eugene’s style, now that I know him a bit better.
Later that same day, Marc Randazza emailed me and said he had thought it over and he would represent me on my appeal. I was not happy about this behavior, as he had already been representing me, already acting as my attorney, presenting deals to the Plaintiff on my behalf of which I had no idea what they were, and so as far as the record goes, YES, Marc Randazza, was my original attorney in the negotiations of my appeal and acting as my attorney in negotiations with the Plaintiff and in telling the First Amendment bar that he, indeed, was my
After this I quickly FIRED Marc Randazza as my attorney and told him that he did not represent me going forward. He claimed to be fine with this, and said to let him know if I needed anything as he felt my appeal was important and would be involved if need be.
So there I was, clock ticking on my time to file an appeal and Marc Randazza had not got back to me but he was negotiating a deal, allegedly on my behalf and he was running off other potential attorneys that may want to represent me on my Ninth Circuit Appeal Pro Bono.
I had just FIRED Marc Randazza, though he committed to representing me on my Ninth Circuit Appeal and had no firm commitment from Mayer Brown yet that Eugene Volokh could represent me. I made the stand, and told Eugene that I had decide I would ONLY appeal if he represented me. As I wanted Eugene Volokh to be the voice on this important social matter for all bloggers.
Eugene Volokh never talked down to me, mistreated me, disrespected me in any way, ever. He communicated clearly and when he disagreed with my point of view, we discussed it intelligently and respectfully. He never stuck me in the back sit and never once tried to censor me in any way. I CHOSE Eugene Volokh as that was my Spiritual Guidance for the greater good of all Citizen Journalists, Whistleblowers, and AntiCorruption Bloggers.
After this Marc Randazza retaliated, he conspired with the Plaintiff’s attorney David Aman to set me up for extortion, they both met with Judge Hernandez either in person or on the phone and convinced him I had tried to extort them, this was then used in my first appeal filing when, with my attorney, I filed for a motion for a new trial. I was then branded as an extortionist. From that point Marc Randazza used the CZECH courts and WIPO to defame me and paint me out to be a criminal in worldwide publications over domain names I own with his name in them to, originally, do PR on my own case where he was to be my attorney.
Marc Randazza sued me to CENSOR me and shut down massive blogs that were speaking of him critically and telling my experience with the case. Marc Randazza has violated my First Amendment rights over and over and has abused his power in the courts to do so.
Marc Randazza has used his power and influence over media and the courts, for years, to ruin my life, my health, my business, endanger me, outcast me, paint me in false light and consume my quality of life by putting me under daily, constant duress.
What is your response to the allegations of extortion and blackmail?
I have never extorted anyone. I have never posted anything online with the intention of seeking a payoff of any kind. I have no criminal complaints regarding extortion or blackmail.
The Ninth Circuit Judges said that I, have a “history of making similar allegations and seeking payoffs in exchange for retraction”’. And they cite a New York Times article by David Carr as their legal authority on the matter. This is FALSE and slanderous.
I DO NOT have a “history of making similar allegations and seeking payoffs in exchange for retraction”’. It is unethical, unlawful and unconstitutional for Judges to use court opinions to slander, defame and attempt to discredit AntiCorruption Blogger Crystal Cox and other investigative bloggers, whistleblowers, and citizen journalists out there exposing corruption.
It is unethical, unlawful and unconstitutional for Judges to use a New York Times article as FACT and legal findings to somehow prove that Crystal Cox has a history of such actions.
Especially in a legal opinion that gives Equality to bloggers such as Crystal Cox that are EQUAL to New York Times Journalist David Carr.
David Carr and the New York Times no longer have a “special right” that is superior to Crystal Cox as a blogger, yet Judges take David Carr’s words of Crystal Cox’s “alleged” history as FACT. Even though there is no fact, no due process, no investigation and no documented proof, or legal finding as to this allegation.
David Carr and the New York Times CLEARLY defamed Crystal Cox and with actual malice. David Carr interviewed Crystal Cox and he knew that she had no investigation, no trial, no due process for the allegations by the Plaintiff that they were “Extorted” or somehow Blackmailed.
I, Crystal Cox has NEVER had a criminal complaint regarding blackmail or extortion. I have never been under investigation for blackmail or extortion. I have NEVER “made allegations of corruption and fraud and then sought a payment for retraction”.
I have over a thousand AntiCorruption Blogs and online media. Crystal has been exposing corruption for over a decade and has NEVER sought payment to stop seeking JUSTICE for the victims of such corruption.
Crystal Cox has no criminal history, no history of seeking payoffs for a RETRACTION of ANYTHING. Crystal Cox has NEVER receive payment to retract any blog post or other online comments, reporting, news, articles or “mediums of communication”.
I remains dedicated to giving a voice to victims of corrupt courts, judges, lawyers, law firms, commissioners, corporations and more.
I have NEVER Sought or Received a Payoff in Exchange for a Retraction of information that I have reported on, this is False information put out there by the attorneys involved in the corruption I was reporting on, as well as Big Media such as the New York Times and Forbes.
I fully stand, Proudly, in defense of the victims of Kevin Padrick AND Obsidian Finance Group, to the best of my ability.
I have NEVER posted Fraud and Corruption allegations to SEEK Payment for a RETRACTION, this is NOT True and is something Big Media, Judges, and Lawyers hold on to, in order to attempt to paint me, an anticorruption
blogger out as the “Bad Guy”.
I still fully believe that Kevin Padrick and Obsidian Finance Group acted illegally and unethically in the Summit Bankruptcy. And I fully believe that Kevin Padrick abused his position as the financial advisor to Summit, and even more so as a Trustee in a role, on the opposite “side” of his clients.
How do you think this case will impact digital and online media in the future?
This will be a great relief to ALL bloggers, citizen journalists and whistleblowers and they will feel free to report on the very same issues as mainstream media, as well as to have the FREEDOM to “break the news” that traditional media refuses to report on.
I would also like to say, “Thank You Pastor John Collins and the Bringing Back God Church, Bless you ALL for hearing me, feeding me, clothing me, housing me, giving me hope and spiritual inspiration daily throughout this fight.”